DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
My client was at a red light. He was texting and had his head down. Because he wasn’t paying careful attention he rolled his car forward before the light turned green and barely tapped the car in front of him. An officer came and thought that my client might be impaired. A second officer arrived and also thought my client might be impaired from some kind of controlled substance. My client was arrested.
Because an “accident” was involved, the judge found that even though the arresting officer was not conducting an accident investigation, she was nevertheless obligated to read the defendant his Miranda warnings. Additionally, the judge found that the police improperly informed the defedndant of his rights under Florida’s Implied Consent Law and suppressed the defendant’s refusal to provide a urine sample.
After the judge ruled, the prosecutor offered to reduce the charge from DUI with property damage to reckless driving with property damage. My client did not look like he was impaired on the video, but didn’t want to risk a DUI conviction at trial and accepted the prosecutor’s plea offer.